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DWI Lawyer in Killeen, Texas

A DWI Lawyer from The Carlson Law Firm can help if you’ve been arrested for driving while intoxicated. Facing an impaired driving charge in Texas carries serious repercussions such as significant fines and jail time. Texans can be arrested for a DUI or DWI if they are caught driving under the influence of alcohol at or above a level of .08 percent BAC. The limit is lower for commercial drivers (.04 percent) and even lower for those under the legal drinking age (zero tolerance). Officers can even arrest you for DWI or DUI without proof of your BAC levels. If you are suspected of driving while intoxicated, a Killeen DWI Lawyer from The Carlson Law Firm should be your first call. Additionally, in Texas, a person can be cited and arrested for a DWI if they’ve been taking prescription drugs, over-the-counter medication, or illegal drugs.

The Carlson Law Firm’s criminal defense lawyers handle DWI or DUI arrests in the following counties:

  • Bell
  • Coryell
  • Lampasas

Our DWI and DUI Killeen lawyers can also help if you’ve been arrested for DWI on the military base, Fort Hood.

In order for law enforcement to pull you over, they must have reasonable suspicion to do so and they must have probable cause to arrest you. If you were arrested for DWI or drugged driving in Bell County, Coryell County, or Lampasas County a Killeen DWI lawyer from The Carlson Law Firm can help.

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What Is Intoxicated?

The Texas Penal Code defines what “Intoxicated” means as the following:

Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
Having an alcohol concentration of .08 or more.

DWI Penalties in Texas

The penalties for driving while intoxicated (DWI) differ depending on the nature of the offense as well as any prior convictions. According to the Texas Statutes, potential penalties are as follows:

First Offense

  • Fines up to $2,000
  • 180 days maximum in jail, 3 days minimum
  • Driver’s license suspension max 1 year
  • In the three years following a conviction, an annual fee of up to $2,000

Second Offense

  • Fines up to $4,000
  • 1 year maximum, 30 days minimum in jail
  • Driver’s license suspension up to 2 years
  • Ignition Interlock Device (if convicted within five years of prior conviction)
  • In the three years following a conviction, an annual fee of up to $2,000

Third Offense

  • Fines up to $10,000
  • 10 years maximum, 2 years minimum in prison
  • Driver’s license suspension up to 2 years
  • Ignition Interlock Device (if convicted within five years of prior conviction)
  • In the three years following a conviction, an annual fee of up to $2,000

Were You Arrested For a DUI / DWI?

It is most important to remember at this time that, even though you’ve been arrested, you have not yet been convicted of drunk driving. This means that there is still time to defend yourself against these charges and fight the criminal and administrative penalties. A DWI attorney near you at The Carlson Law Firm can help you in the following ways:

Represent you at the Administrative License Revocation (ALR) hearing to contest license suspension/revocation.
Represent you throughout your criminal DWI case, even prior to your scheduled hearing.

There are two sides to every DWI case: the administrative and the criminal. Both are important. The administrative aspect of DWI cases deals exclusively with your right to drive while the criminal aspect deals with your guilt or innocence and potential criminal penalties. Your DWI defense lawyer can help you navigate these waters.

Defenses Against a DUI / DWI Charge

Even when you’ve been pulled over, been given a sobriety test, and submitted to a blood or breath test, that still doesn’t make you guilty of a DWI. What makes you guilty is that you either pleaded guilty to an offense or the prosecution has proven beyond a reasonable doubt in a court of law that you were driving while intoxicated.

For your offense to become a conviction, a jury of twelve people must be convinced that you were driving drunk and must find you guilty. There are many ways to put reasonable doubt in the minds of the jury. One of those ways is demonstrating that sobriety tests aren’t foolproof.

The following are some of the defenses your Texas DWI attorney can use to fight a conviction:

Sobriety test issues
You weren’t properly Mirandized
No cause to pull you over
You weren’t intoxicated
Your breath or blood test was inaccurate

Is there a Difference between a DUI and DWI in Texas?

Often, DUI and DWI are used interchangeably as acronyms to convey a drunk driving charge. However, in Texas, the law distinguishes “driving under the influence” from “driving while intoxicated.” 

A DWI arrest occurs when a person’s intoxication prohibits their ability to perform a normal level of their physical or mental faculties due to alcohol use, drugs or controlled substances. A person may also face a DWI charge if their blood alcohol concentration is .08 or more. 

A DUI arrest occurs when a person is operating a vehicle even if their blood alcohol concentration is under .08. This typically occurs in cases of minors who have any level of alcohol or illegal substances in their system.

Is there a penalty difference between a DUI and DWI?

Typically, a DUI can result in a Class C misdemeanor. But, generally speaking, DWIs carry much more significant consequences starting at a class B misdemeanor and up. In cases of DWIs, the penalties take into account the level of intoxication, number of DWIs, property damage or injuries.

What Is Administrative License Revocation?

If you have been arrested for DWI, the police officer will serve with you a “Notice of Suspension/Temporary Driving Permit.” The officer is authorized to confiscate your license, but this does not mean that your license is immediately suspended.

From the date you receive your Notice, you have 20 days to request an Administrative License Revocation hearing on what will otherwise be a mandatory driver’s license suspension. That suspension will last for a minimum of 90 days for failing a breath or blood test. The suspension goes up to 180 days for refusing to take a breath or blood test. If this is not your first DWI arrest, then the suspension times increase dramatically.

An experienced DWI lawyer can request the Administrative License Revocation hearing for you and contest the DPS’ suspension of your license.

Contact a Killeen DWI Lawyer

The Carlson Law Firm handles DWI/DUI criminal charges in Bell, Coryell, and Lampasas Counties, we also help those who were arrested in Fort Hood, Texas and facing federal charges of DWI. Our DWI lawyers have the resources and the know-how to get you the best resolution possible for your case.

If you are worried about a recent driving while intoxicated arrest, contact one of our experienced Killeen DWI lawyers. Our compassionate legal team offers free consultations and will be there for you every step of the way.

The Carlson Law Firm's DWI Lawyers Can Help

Many people charged with a DWI just assume there is no way to fight it. They think the best they can hope for is a smaller fine or a reduction in the amount of time they lose their license. We focus on defending anyone accused of a DWI. With the right legal counsel, there are other outcomes.

If you’ve been arrested for a DWI in Texas, The Carlson Law Firm has the defense strategies you need to fight a conviction and the penalties. A Texas DWI attorney from our firm could fight to show that you were not intoxicated, or negotiate a plea deal for a reduced charge/sentence. To learn more about how The Carlson Law Firm could help you fight your charges, call today for a case evaluation that is confidential and absolutely free of charge. a DUI defense lawyer from our firm is available to speak 24/7.

DWI FAQs

Do I have to take a breathalyzer or field sobriety test?

No! An officer will often try to make you think you have no choice but to take the field sobriety tests and give a breath or blood sample. This is not true. You can always refuse to perform field sobriety tests or provide any sample. An officer does not have to conduct field sobriety tests in order to arrest you for DWI or DUI, but participating in the field sobriety test only provides more evidence that can be used against you.

If a judge signs a warrant instructing a health care worker to take a sample of your blood for testing purposes, you must allow the blood sample to be taken.

What happens if I refuse to take a breathalyzer or field sobriety test?

If you exercise your right to refuse to submit to a breathalyzer, the officer or jail personnel will confiscate your Texas driver’s license if you have it at the time of your arrest and provide you with a notice that DPS intends on suspending your driver’s license. This does not mean that your driver’s license is suspended immediately. It does give you a deadline of 20 days to request a hearing regarding the suspension of your driver’s license. This is why it is important to hire a DWI defense lawyer as soon as possible after your arrest.

If you refuse to participate in the field sobriety test you are refusing to provide any evidence that could be used against you as signs of possible intoxication.

Can they convict me if my BAC is under 0.08?

The State of Texas must show that EITHER a driver has a BAC of .08 or above or was driving without the normal use of their mental or physical faculties.

It is possible that you could be convicted with no evidence of your BAC or a BAC below .08, those cases are often full of many strong defenses. It is important to obtain an excellent defense team to ensure you do not receive a false DUI conviction.

Am I able to represent myself when in court?

It is legally permissible to represent yourself in court. However, we strongly recommend you always hire excellent legal counsel to help you through criminal proceedings. Our criminal defense lawyers at The Carlson Law Firm will ensure that you are provided the best possible defense throughout the entirety of your case.

What are the potential penalties I’m facing?

DWI’s can range from class B misdemeanors all the way up to felonies. If convicted of a DWI you face the possibility of driver’s license suspensions, heavy fines, and even jail or prison time. It is important you speak with The Carlson Law Firm’s defense team so that we can assist you in mitigating and avoiding these hefty consequences.

What will a lawyer cost me?

The cost of your DWI defense lawyer will vary depending on several factors in your case. Contact The Carlson Law Firm’s defense team at 254-526-5688 for a free case evaluation. We encourage you to ask questions.

What happens if I was not read my Miranda rights?

While it is not required that you be read your Miranda rights immediately after you are arrested, police must read your Miranda rights before any questioning while in their custody. Our defense team will be certain to examine your case to ensure your Miranda rights were not violated.

Can a DUI or DWI conviction result from marijuana use?

Yes. Texas law does not restrict DWI or DUI to alcohol usage. You can be convicted of DUI or DWI as a result of marijuana use, prescription drug use, or even some over-the-counter medication use.

DWI/DUI Lawyer Near Me

There's a Carlson Law Firm Near You

With over a dozen locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Laredo, Bryan, Lubbock, Midland, Kerrville and Corpus Christi.

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